Privacy vs. Security in the Aftermath
of the September 11 Terrorist Attacks

ISSUE: Recent terrorist attacks on U.S. soil have resulted in
the tragic loss of thousands of innocent human lives. In response, law
enforcement agencies are requesting broader and more pervasive laws to
counter this security challenge. Will freedom, privacy, and other values
be compromised by these proposed changes? CONTEXT: Throughout history,
whenever there have been national emergencies, the rights and civil liberties
of the public have been curtailed, and in many instances revoked completely.
For example, approximately 120,000 Japanese Americans were forcibly evacuated
and interned in camps during World War II (Source: ACLU Press Release
(06/13/01) at http://www.aclu.org/news/2001/n061301a.html).
As technology has grown in leaps and bounds over the last three decades,
it has also brought with it new challenges to protecting people's privacy
and curbing privacy violations. In general, several surveys and polls
seem to indicate that the public feels an increased sense of intrusion
and loss of privacy (Source: BSR report on privacy (1999) http://www.bsr.org).
Against this backdrop, the new proposed measures could potentially impact
privacy and civil liberties significantly. This paper analyzes from an
ethics perspective, some of the major issues under national debate concerning
tensions between privacy and security.BEST WEB
RESOURCESMAJOR OPTIONS UNDER CONSIDERATION

Tighter security and safety measures at airports, ports, and all
points of entry into U.S., as well as at large gathering places such
as stadiums, concert venues, etc.

Extensive baggage, vehicle, and personal searches of travelers

Intensive immigration and customs checks, and consolidating different
databases

Restricted entry beyond certain points in airports and other public
places

More spot searches and personal property checks at key public places

Increased surveillance and monitoring of all key public places

More accurate identification and verification of identities and backgrounds

Mandatory national identity cards for all people

Increased use of facial profiling systems for picking potential suspects

These measures could become permanent fixtures
in our society introducing loss of other civil liberties and
constitutional rights by enforcing conformity. (Sunset provisions
need to be drawn up to reassess these emergency powers after
2 years.)

2. Right not to be injured

Profiling of groups/sections could lead to
innocent, law-abiding citizens being persecuted and wrongfully
detained with minimal judicial safeguards. (Source: ACLU Release
(10/05/01): http://www.aclu.org/news/2001/n100501a.html)

Could aggravate tensions between communities.

However, if these security measures stop such
attacks, then this could protect this particular right for all
the citizens in the community

3. Right to liberty/freedom in private contracts

Impact on businesses forced to implement decisions
based on national security (e.g., the airlines industry).

Interference with existing contractual/legal
agreements between businesses with their customers.

Interference with rights of employees under
existing employment agreement

3. FAIRNESS OR JUSTICE APPROACHGOALS: Fairness
of actions (Protection against any unjust favoritism or discrimination)

OPTIONS/ACTIONS

IMPACT ON FAIRNESS/JUSTICE

(1) Tighter security

Security measures may not be impartial, and could become more
focused on specific ethnic groups /races/people of color.

Students could get targeted more than business visitors or
tourist visitors.

4. COMMON-GOOD APPROACHGOALS:

Emphasize shared community goals and values

Individual good is tightly linked to community common good

Focus on development of society and social policies as a whole, in
addition to individual goals

POSSIBLE ACTIONS

The proposed increases in security measures may be beneficial for
the common good if implemented in an impartial manner throughout the
community, regardless of race/ religion/ethnicity.

Accountability and transparency in law enforcement procedures, especially
concerning privacy issues must still be preserved, despite these recent
attacks.

The judicial system must be empowered to deal effectively with any
abuses of proposed security measures to protect the constitutional rights
and liberties of all citizens. It should also ensure that anyone accused
has adequate legal representation and a fair chance to prove their innocence,
even under these circumstances.

Ensure that the current atmosphere of rich ethnic and cultural diversity
of the country living in peace with one another is not compromised.

In one approach suggested by Mr. Etzioni, an expert on privacy-related
issues, an optimal balance between personal privacy and the community
good must be achieved, with both being given due importance. However,
privacy could be limited when it is in the interests of the common good,
especially in areas of public safety and public health. The decision-making
process could involve asking the following questions:

Is this a real, tangible problem that we are facing?

If it is, can we handle it without impacting/violating privacy at
all?

If not, can we handle it by making it as less intrusive as possible?

Additional long-term investments in public infrastructure need to
be made nation-wide to expand the capabilities of the existing systems
or introduce new systems to handle such challenges.

5. VIRTUES APPROACHGOALS:

Focus on individual development of virtues

Thoughtful reflection on self-realization of our human potential

Developing virtuous habits and attitudes leading to ethical actions
throughout the community

POSSIBLE ACTIONS

Assess whether these proposed measures will reinforce positive virtues
that we hold important, such as patriotism, self-sacrifice, compassion,
patience, and courage, or whether some of these options could foster
destructive traits leading to religious intolerance, lesser compassion,
more racism, fearfulness, and suspicious/narrow outlooks.

Inculcate more awareness in people (through debates and discussions
nation-wide) to distinguish religion from universal human values of
non-violence, peaceful coexistence, and mutual respect, and human dignity.

(From EPIC (Electronic Privacy Information Center): http://www.epic.org.
Contains excerpts from several newspaper editorials (09/24/01). EPIC
is a public interest research center in Washington, D.C, established
in 1994 to focus public attention on emergent civil liberties issues
and to protect privacy, the First Amendment, and constitutional values.)

(From EFF (Electronic Frontier Foundation): http://www.eff.org.
EFF Action Alert condemning portions of bill, urging people to contact
legislators quickly (09/27/01). EFF is the leading civil liberties
organization working to protect rights in the digital world. Founded
in 1990, EFF actively encourages and challenges industry and government
to support free expression, privacy, and openness in the information
society. EFF is a member-supported organization and maintains one
of the most linked-to Web sites in the world.)

(From ZDNET.com: http://www.zdnet.com.
ZDNET NEWS: SPECIAL REPORT. Contains links to several articles on
this issue. ZDNet is a wholly owned subsidiary of CNET Networks, Inc.
(NASDAQ: CNET),
the global source of technology and commerce-related information,
data, exchanges and services for people and businesses.)

http://www.aclu.org/action/anti-terrorism107.html.
(From ACLU (American Civil Liberties Union): http://www.aclu.org.
An ACTION ALERT condemning portions of bill and urging people to contact
legislators (10/4/01). The ACLU is the nation's largest public interest
law firm. Its mission is to fight civil liberties violations and to
defend and preserve the individual rights and liberties guaranteed
to all people in this country by the Constitution and laws of the
United States. Founded in 1920, this nonprofit, nonpartisan network
has grown to nearly 300,000 members and supporters, with offices in
almost every state.)

(From: Free-Market.Net: http://www.free-market.net.
An in-depth analysis on the Terrorism and Freedom issue. Free-Market.Net
- The Freedom Network is a service offered by The Henry Hazlitt Foundation.
Its key purpose is to use the Internet to encourage communication,
cooperation, and positive action for freedom. It maintains a database
of more than 10,000 current freedom-related news stories, books, job
openings, action opportunities, events, and other resources.)

The views expressed on this site are the author's. The
Markkula Center for Applied Ethics does not advocate particular positions
but seeks to encourage dialogue on the ethical dimensions of current
issues. The Center welcomes comments
and alternative points of view.